Card Range To Study

11 Cards in this Set

Front

Back

a. Rule 1—Creation

Rule 1—Creation

ii. It applies to all civil courts (common law, equity, and maritime). The only thing they cannot govern is found under rule 81 (don’t worry about specifics of this rule). The FRCP must be administered to construe just, speedy, and an inexpensive determination of every action. This is based on policy rationale and tells us how we to construe these rules to do justice.

Rule 1— history and Creation

Congress enacted the Rules Enabling Act (28 USC § 2072) where they delegated the US Supreme Court the power to promulgate the rules of civil procedure so that they would apply to all federal courts. They govern the procedure. A commission was responsible for preparing these rules. They became effective around 1939.

Rule 2—Civil Action

There shall be one form of action known as a civil action. So things like trover and trespass on the case are longer used a description of the action. “Civil action” is the only sufficient label.

Rule 3—Commencement

A civil action is commenced when you file a complaint with the court.

Rule 3 discuss alternatives

NO ALTERNATIVES!!!

NC Law—Rule 3

—there are 2 ways to commence a civil action in NC state courts.

NC Law—Rule 3

to file a complaint

NC Law—Rule 3 Emergency Rule

If there is not enough time to practice due diligence and file the complaint, then the court will issue a special summons.

NC Law—Rule 3

Emergency Rule—this rule can be used when a client comes in for consultation just before the SOL is about to expire on the action.

NC Law—Rule 3 Emergency Rule

This special summons will be labeled as the commencement date of the civil action (so that the atty. will beat the SOL) and give a 20 day extension to prepare the complaint and file it with the court.